Legal Studies Commons^™

Aotearoa New Zealand, The Forcible Transfer Of Tamariki And Rangatahi Māori, And The Royal Commission On Abuse In Care, David B. Macdonald

Genocide Studies and Prevention: An International Journal

This article investigates to what extent the forcible transfer of tamariki and rangatahi Māori (Indigenous children and youth) in Aotearoa New Zealand can be considered genocide. First, I begin by exploring contemporary genocide theory as it relates to dolus eventualis in settler colonial contexts, before engaging with precedents for recognizing Indigenous genocides established by truth commissions in Canada (2015; 2019) and Australia (1997). I then explore the history around Indigenous child removal in Aotearoa from the onset of colonization to the present day, attentive to ways in which the UN Convention can apply to the forced removal of Māori children. …

Law School News: Rwu Alumni Named To Pbn's 2023 40 Under Forty List 7/5/2023, Stacey Pacheco

Life of the Law School (1993- )

No abstract provided.

Criminal Justice Update - July 2023, Michael Klatt

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)
• Updates from the PA Legislature
• Updates from the Courts
• U.S. Supreme Court (no updates this month)
• PA Supreme Court (no updates this month)
• PA Superior Court

The Effect Of Resource Quality And Species Interactions On Dermestes Maculatus, Sarah Aliahmad

Student Theses

Forensic entomology is the use and application of insect information in legal matters, particularly in death investigations as insects utilize decomposing remains as a food source to complete their life cycle. Dermestes maculatus (DeGeer), larder beetles belonging to the family Dermestidae, are of considerable forensic importance since their larvae are typically found on human corpses during the later stages of decomposition – the advanced and dry/skeletal stages. Dermestes maculatus can be useful in estimating the post-mortem interval (PMI) of a cadaver with advanced decomposition. The purpose of this study was to investigate the colonization (egg-laying) behavior of D. maculatus; …

Online Radicalization Case Study Of A Mass Shooting: The Payton Gendron Manifesto, Daniela Peterka-Benton, Bond Benton

Department of Justice Studies Faculty Scholarship and Creative Works

On May 14th, 2022, 18-year-old Payton S. Gendron of Conklin, New York, drove his car more than 200 miles to a predominantly black neighborhood in Buffalo, New York. At around 2:30 p.m., Gendron arrived at a Tops supermarket wearing body armor, tactical gear and a helmet with a video camera attached. He utilized the camera to livestream the event and carried an AR-15 semi-automatic rifle because of its proven deadly nature. He began firing his assaultrifle in the parking lot of the supermarket, killing three victims. He then went inside the store where he killed a security guard and nine …

Understanding Wellness In Law Enforcement: A Crisis, Phil Baebenroth

Doctorate in Education

This study investigates the perceptions of current licensed peace officers in Minnesota regarding reforming their profession. From 2017 to 2020, more police officers in the United States died by suicide than officers killed by gunfire, assaults, crashes, or accidents in the line of duty (Officer Down Memorial Page, 2023 & Blue H.E.L.P, 2023). These statistics present a wellness crisis in the policing profession that deserves immediate attention. There have been worldwide calls for changes in policing from people outside of law enforcement, but few incorporate the practical insights of police officers and even fewer are concerned with officer wellness aspects. …

Candidate-Related Distress And Voting: Examining Political Behavior Through The Lens Of General Strain Theory, Katelyn N. Smith

USF Tampa Graduate Theses and Dissertations

This study examines voting as a legitimate coping strategy through the lens of general strain theory. Drawing on previous research on the correlates of voting and general strain theory, this study seeks to evaluate the influence of different beliefs and negative emotions on voting, as well as the role of voting as a way to alleviate the negative emotions brought on by presidential elections. Using an analytic sample of 664 American adults with perceived voting eligibility, two structural equation models are used to evaluate the relationship between beliefs, negative emotions, and voting. Results suggests that individual beliefs and negative emotions …

Efficacy Of Online Social Movements For Sparking Change: The Case Of The Missing Murdered And Indigenous Women Movement (#Mmiw), Kacy A. Bleeker

USF Tampa Graduate Theses and Dissertations

The current study examined the context of the Missing and Murdered Indigenous Women Movement (#MMIW) in the context of activist engagement, media representations, and public awareness and beliefs related to the movement. The present study framed the movement within the context of social movement theory, intersectionality, and feminism, to determine the applicability of these frameworks in explaining an Indigenous social movement. While the use of social media to facilitate and mobilize social movements is not a new phenomenon, limited research has examined the functionality of online social movements, particularly in the context of movements concerned with intersectional identities. Research highlights, …

Threats To School Safety: Examining Levels Of Community Violence And Its Relation To School-Related Threats, Dorie Ross

USF Tampa Graduate Theses and Dissertations

Despite significant media attention provided to school-based acts of violence, these tragic incidents are relatively rare across school environments, leading to increasing challenges in identifying students who may pose a threat. Previous approaches to school discipline, including policies such as zero tolerance, resulted in significant racial disparities among students who received disciplinary consequences inconsistent with the severity of their behaviors or threats. Alternatively, a relatively recent approach that emerged following a series of school shootings in the 1990s was school threat assessment, which focuses on prevention rather than prediction. While it is important to determine students who may pose a …

“Prison Tiktok”: Incarcerated Life Shared On Social Media, Kayla Reid, Nicole Niebuhr

Qualitative Criminology (QC)

Different areas of the criminal justice system interact with social media, but not much is known about how those incarcerated may be using it. A thematic analysis of “Prison TikTok” videos was conducted in order to gain a better understanding of what those incarcerated are sharing. The most represented themes in the sample are performance, food, prison views, and pains of imprisonment. Performance and food demonstrate creativity within the sample, and highlight how those incarcerated may be looking for creative outlets. Prison and pains of imprisonment include the realities of life incarcerated, and contain messaging that those incarcerated may be …

Blowing In The Wind: Cannabis Legalization, Insiders, And Methodological Insights From British Columbia, Jon Heidt, Johannes Wheeldon

Qualitative Criminology (QC)

Legalizing cannabis in Canada has proven momentous in some ways and insufficient in others. This paper presents findings from a re-analysis of two studies on cannabis legalization conducted in British Columbia (B.C.) before and after legalization. Prioritizing public health over access appears to prolong stigmatization, complicate policing, and undermine efforts to disrupt illicit cannabis markets. We outline three contributions to the nascent post- prohibition cannabis research agenda. First, we demonstrate the potential for secondary data analysis (SDA) and model an approach to address recent concerns about this practice. Second, we show the value of insiders when assessing cannabis policy by …

“I’M Not Unemployed, I’M Unemployable”: Challenges Finding And Sustaining Work For People Requires To Register As Sex Offenders, Jennifer L. Wooldridge, Danielle J. S. Bailey

Qualitative Criminology (QC)

Many individuals convicted of a sexual offense (ICSOs) experience various collateral consequences due to registration requirements, including income loss, unemployment, harassment, social isolation, homelessness, and more. Finding employment post-conviction is a difficult endeavor for many reentering citizens with criminal records, but for ICSOs, the difficulty increases due to their label as sex offenders. When these individuals are unsuccessful in obtaining steady, living-wage employment, it can result in mental health impacts such as depression, hopelessness, and other reactions. This paper seeks to analyze participants’ emotional and mental health reactions to their direct experiences with employment struggles due to registration. What feelings …

Stroking Reflexivity Into Practice: The Pros And Cons Of Resorting To Gatekeepers To Conduct Qualitative Criminological Research, Gabriela Mesquita Borges, Ana Guerreirro, Leonardo Conde

Qualitative Criminology (QC)

Accessing research settings and participants can be deeply challenging for scientific research, especially when gatekeepers are involved. Gatekeepers are known to affect research through, among other reasons, their position inside institutions, their knowledge of the research topic, and their power over prospective participants. This article explores the methodological and ethical challenges that may arise from resorting to gatekeepers to access participants in qualitative criminological research. Using reflexive notes from the fieldwork of two doctoral research projects in criminology, this article emphasizes the central role gatekeepers can assume in qualitative research regarding gaining access to participants for a study and conducting …

Dying In Prison: End-Of-Life Care Services In A State Correctional Facility, Brook Cooley Webb, Mollee K. Steely Smith, Tusty Ten Bensel

Qualitative Criminology (QC)

The aging inmate population in American prisons has noticeably increased, contributing to a more significant number of offenders who will die in prison, thus forcing correctional facilities to aid in caring for prisoners at the end of life. Two common responses have emerged to deliver adequate healthcare to inmates, including hospice programs and End-of-Life (EOL) care services. This study aimed to explore the nature of EOL care in a state prison by interviewing correctional administrators, correctional officers, and relevant medical personnel (N=17). The current study provided insight into the inclusion criteria for inmates who utilized EOL care in the prison …

A Historic Review Of Community Policing & The Implementation Issues We Have Faced, Emily Bell

University Honors Theses

Community Policing has existed around the world for decades, despite becoming increasingly popular in the later 1990s and early 2000s in the United States. There have been multiple ways that the United States has tried to implement community policing, which this paper will review. Starting in the 1960s when the 12th street race riots caused Lyndon B. Johnson to publish government reports calling for an overhaul of policing and an increased focus on community relations, and looking all the way to 2014, when President Barack Obama created the Task Force on 21st Century Policing, which also put out a report …

Do Frameworks Matter? Testing The Framing Effect On Public Support For Prison Pell Grants, Natalie Miles Burke

Dissertations and Theses

Postsecondary college education (PSCE) services are a rehabilitative program that offers adults in custody (AICs) the opportunity to earn a college degree while incarcerated. Research has shown that AICs participating in PSCE services reduce the likelihood of future incarceration as well as higher self-esteem and confidence levels. In 2015, President Obama’s Second Chance Pell Pilot program reinstated federal financial aid for AICs to access PSCE services. Although the Second Chance Pell Pilot program has continued to grow since then, little research has been done on public perceptions toward prison Pell Grants.

This thesis studies how offender crime type and sentence …

Motor Vehicle Theft In Portland Oregon, Io Nicholls

University Honors Theses

Residents and stakeholders are increasingly concerned about trends related to motor vehicle theft (MVT) in Portland, Oregon. Currently there are no in-depth studies regarding this crime. This analysis identifies trends in vehicle theft over time, compares Portland to other similar cities, and assesses demographics of neighborhoods with high counts and rates of MVT. First, a broad overview of MVT over a 21-year period spanning from 2000 to 2021 provides context. Then, a more focused analysis of this crime in Portland during more recent years provides information about offenders, types of vehicles stolen, and hot spots where vehicles are most likely …

The Impact Of Juvenile Transfer Laws, Kerina Lynn Ibarra

Doctoral Dissertations and Projects

This study will examine the relationship between juvenile transfer laws, certified juveniles, the criminal justice system, and the potential collateral consequences juveniles face when subjected to juvenile transfer laws. To obtain a deeper understanding of the impact of juvenile transfer laws and their potential collateral consequences, a qualitative study will be conducted utilizing several methods of data collection to include interviews; observations; and textual analysis of adult 1, adult 2, and criminal justice practitioners, to include, jail administrator, corrections officer, police, probation and parole officer, prosecuting attorney, and DOC staff. In the interview process, information will be gathered to contribute …

Good State, Bad State: Gender, Multiculturalism And Religious Law In India, Rina V. Williams

Future Journal of Social Science

What role(s) can the state play when cultural rights come into conflict with women’s rights? This article compares conceptions of the state in the normative literature against two empirical cases of multicultural debate in modern India: Islamic law in the 1980s and Hindu law in the 1950s. I find that three conceptions of the state found in the normative literature—oppressive, facilitative, and vacated states—are only partially supported in the empirical cases, which proffer some support for the state as oppressive, but little or none for the state as facilitative or vacated. They also indicate a fourth model …

What Makes An Impartial Jury? Perceptions Of Jury Impartiality And Court Legitimacy, Joshua P. Freitag

Quantitative Social Science Undergraduate Senior Theses

In light of decreasing trust in courts at all levels of the American justice system, it is more important than ever to understand what affects people’s perceptions of the courts as fair, just, and legitimate. The Black Lives Matter protests highlighted a racial element to perceptions of impartiality in the jury system. Existing literature reveals a complex historical relationship between race and the jury, but little research has been done on public perceptions of race in the jury box.

With a novel two-experiment design using a survey instrument and a half White–half Black respondent sample pool fielded using Prolific, I …

Criminal Justice Update - June 2023, Michael Klatt

Criminal Justice Updates

The Criminal Justice Update is a monthly newsletter created by the Adams County Bar Foundation Fellow providing updates in criminal justice policy coming from Pennsylvania's courts and legislature as well as the US Supreme Court.

Contents:

• Updates from PA Governor's Office (no updates this month)
• Updates from the PA Legislature
• Updates from the Courts
• U.S. Supreme Court
• PA Supreme Court
• PA Superior Court

A Statewide Analysis Of The Impact Of Restitution And Fees On Juvenile Recidivism In Florida Across Race & Ethnicity, Alex R. Piquero, Michael T. Baglivio, Kevin T. Wolff

Publications and Research

Whether the imposition of monetary sanctions is related to juvenile recidivism is explored overall and across race and ethnicity. Leveraging a statewide sample, logistic regression was used to predict fees and restitution assignment based on youth/case characteristics, hierarchical linear and logistic random-effects regression examined the association between neighborhood characteristics with fees and restitution, and propensity score matching examined whether fees and/or restitution are related to reoffending. No race/ethnic differences were found in the proportion of youth receiving court fees, yet when fees were administered both black and Hispanic youth received higher fees. Neighborhood characteristics have minimal impact on whether (or …

Attorneys’ Questions About Time In Criminal Cases Of Alleged Child Sexual Abuse, Mckenna N. Cameron

Student Theses

In cases of alleged child sexual abuse, information about the timing of events is often needed to establish a timeline, determine specific charges, or establish witness credibility (Lyon et al., 2017). However, past developmental laboratory research has demonstrated that children struggle to provide accurate and reliable testimony about time, and there is currently a lack of field research examining how attorneys actually question child witnesses about time in court (Friedman, 1991; Wandrey et al., 2012). The current study analyzed 73 trial transcripts from cases of alleged child maltreatment containing a child witness between the ages of 5 to 17 years …

Pathways To Offending: Domestic Sex Trafficking, Julie Williams

Dissertations

Multidisciplinary professionals across criminal justice, public policy, education, and health and

human services have all attempted to understand the complex phenomenon of sex trafficking to assist victims, correct offenders, and prevent future abuse. However, current research has struggled to agree on terms, definitions of terms, best measures of prevalence, and recommendations to address sex trafficking in the United States. This review of current literature aims to offer a synthesized framework to conceptualize domestic sex trafficking perpetrator behaviors (what they do), their uses of force, fraud, and coercion (how they do it), and their motivations and justifications/rationalizations for those behaviors (why …

Dna Shedding Propensity And Individual Characteristics, Genesis Echavarria

Student Theses

This study attempted to correlate individual biological characteristics to the amount of DNA recovered from a person’s hands (representative of shedding propensity). We used adhesive D-Squame tape to collect DNA from the fingers of more than 100 volunteers with and without controlled activity after handwashing. Two no-activity samples were taken after 30 min from the non-dominant hand and two samples from the dominant hand were collected after 60 min of controlled activity. Involuntary touches during the 60-min activity period were counted. All samples were extracted for DNA, quantitated, and genotyped to detect mixtures. Skin measurements for hydration, sebum, and melanin …

Extraction Of Challenging Forensic Samples Using The Microgem Dna Extraction Kit, Falyn R. Vega

Student Theses

In forensic science, DNA extraction can be a tedious and resource-intensive process. Extraction with Proteinase K is an industry standard but has its drawbacks, such as requiring multiple ionic detergents and washing steps. MicroGEM has developed a new enzyme called forensicGEM that is temperature-dependent and compatible with mesophilic enzymes, offering complete DNA extraction in about 20 minutes in a single tube, limiting contamination, loss of sample, and working time. ForensicGEM can extract DNA from highly degraded samples, potentially leading to more complete STR profiles. Highly degraded tissue and bone samples were collected and extracted with the forensicGEM …

Comparison Of Hydrolysis Efficiency And Performance Of Four Recombinant Β- Glucuronidase Enzymes For The Detection Of Opioids In Urine Samples By Lc-Ms/Ms, Christina Fernandez

Student Theses

The United States has been experiencing a nationwide public health crisis since introducing prescription opioids in the 1990s. A central problem with opioids is their highly addictive nature causing a dose-dependent respiratory depression leading to overdoses and deaths. Drug overdose deaths have risen in the past two decades, with opioids being the dominant driver of this epidemic. Given the circumstances, accurate and efficient confirmatory analysis of opioids in urine is essential to monitoring patients’ compliance and preventing drug diversion in clinical and forensic settings. The development of recombinant β-glucuronidases allows for the hydrolysis of glucuronidated opioids using a shorter incubation …

Detection Of Delta-9-Tetrahydrocannabinol And Cannabidiol In Utero Exposure By Umbilical Cord Analysis, Emily Pagano

Student Theses

With the rising consumption of cannabis and cannabinoid-containing products among different demographics, including pregnant women, it is increasingly necessary to develop analytical tools to be able to determine prenatal cannabis exposure. The aim of this study was to develop and validate a sensitive and specific method, using umbilical cord, to determine in utero exposure to delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD). After homogenization and hydrolysis, samples were extracted using liquid-liquid extraction and analyzed by liquid chromatography-tandem mass spectrometry (LC-MSMS). MS analysis was performed in electrospray ionization negative mode and two multiple reaction monitoring (MRM) transitions were monitored per analyte. The linearity …

Identification Of Different Hair Dyes In Dyed Hair Using Attenuated Total Reflectance (Atr Ft-Ir), Surface Enhancing Raman Spectroscopy (Sers) Techniques, Nicholas Lovera

Student Theses

This investigation compares the ability of Attenuated Total Reflection Fourier Transfer Infrared Spectroscopy (ATR FT-IR) and Surface Enhance Raman Spectroscopy (SERS) to identify and differentiate different hair dye brands on dyed hair samples. Hair is a common type of trace evidence found at crime scenes and can provide numerous information through forensic hair analysis. Cosmetic hair treatment such as dying the hair different colors has grown and became popular, thus it can be a very common type of trace evidence. This study can provide a forensic scientist an additional method for analyzing dyed hair samples. The goal was to compare …

Impact Of Blood Preservatives And Anticoagulants On Cannabinoid Quantitative Analysis, Bridget O'Leary

Student Theses

The expanded use of recreational and medicinal cannabis products, as well as the appearance of new cannabinoid derivatives, increases the importance of implementing pre-analytical (sample collection) protocols and the development of recommendations for cannabinoid testing in biological samples. The accurate quantification of cannabinoids in biological samples is critical for providing a correct result interpretation, especially if specific thresholds have been legally set, as in drugs and driving cases in certain states. Previous studies have mainly focused on the impact of time and temperature on the stability of delta-9-tetrahydrocannabinol (delta-9-THC) and metabolites in blood samples; however, the influence of the type …